Tenancy A-Z
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D
Damage
Where a landlord or their agent damages a tenant’s goods, the tenant may seek to recover reasonable costs for the replacement or repair of those goods from the landlord by making an application to the Tenancy Tribunal.
Where a tenant intentionally or carelessly damages the landlord’s premises or goods, or allows others who they have invited into the property to do so, the tenant must tell the landlord. The landlord may ask the tenant to repair the damage, or recover reasonable costs for the replacement or repair of those goods from the tenant.
Where the damage is not substantial, the landlord may issue the tenant with a notice to remedy the breach if the tenancy has not ended. If the tenant does not comply with the notice, the landlord may apply to the Tenancy Tribunal for a work order, compensation, or termination. In determining amounts for compensation, the Tribunal will take depreciation into consideration.
Where damage is substantial, the landlord may apply to the Tenancy Tribunal without serving a notice to remedy the breach first.
If a landlord carries insurance for the property, this does not lessen a tenant’s liability for damage that tenants cause intentionally or carelessly.
See Forms and Info for template letters advising 14 days’ notice to remedy a breach.
Death of a tenant
On the death of a sole tenant under a tenancy agreement, the tenancy agreement terminates on the earliest of the following dates:
- 21 days after the personal representative of the tenant or the tenant’s next of kin gives the landlord written notice of the death of the tenant.
- 21 days after the landlord gives the personal representative of the tenant or a person who is the tenant’s next of kin written notice to vacate the premises that are the subject of the tenancy agreement.
- On a date agreed in writing by the landlord with the personal representative of the tenant or with a person who is the tenant’s next of kin.
- On a date determined by the Tenancy Tribunal on an application made (which can be made without notice) by the landlord.
In the case of a boarding house tenancy, a boarding house tenancy terminates 48 hours after the death of a sole tenant under the tenancy.
Destruction of premises
When it is no fault of the landlord or tenant and the premises becomes uninhabitable, the rent will stop and either party may give notice to end the tenancy. The landlord must give at least 7 days’ notice and the tenant at least 2 days’ notice.
If the property is only partially uninhabitable, the rent will stop, and the landlord and tenant should negotiate a reduction in the rent for the tenant’s loss of use and either party can apply to the Tenancy Tribunal for an order to end the tenancy.
If the premises are uninhabitable due to a breach of the tenancy agreement, if the tenant is not in breach the rent will stop, the affected tenant or landlord may give notice to end the tenancy. If this is the landlord, they must give at least 7 days’ notice. If it is the tenant, they must give at least 2 days’ notice.
If a landlord carries insurance for the property, this does not lessen a tenant’s liability for damage that tenants cause intentionally or carelessly.